How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
71563194
Type Your Landlord-Tenant Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

I signed a 2 month lease that begins on feb 14 and

Customer Question

Hello. I signed a 2 month lease that begins on feb 14 and ends april 13. It states in contract that my lease is from 2/14-2/13. Then it states: "After that, this lease will automatically renew month to month unless either party gives written notice of termination or intent to move out as required by Par 36".
Am I bound by writing a 60 day prior notice of intent to move when my lease is only for 2 months?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.
Yes. If the lease requires 60 days notice of termination, then each party is entitled to advance notice (even if you are only terminating the lease at the end of the fixed lease term).See: http://www.texastenant.org/termination.html for a more detailed discussion.
Customer: replied 1 year ago.
Isn't there a law stating that the landlord shall provide a notice to vacate the leased premises or offer lease renewal in writing no later than the 60th day before the date the current lease term expires?
Expert:  CalAttorney2 replied 1 year ago.
You posted that your lease has an "automatic renewal" clause included in the contract that you made with the landlord at the time you signed. This is a common practice and is legitimate.However, if there is no such clause in your contract, then you are entitled to renewal notice (otherwise the lease simply ends at the end of the lease term).
Customer: replied 1 year ago.
Ok even if it states that it renews on a month to month basis, it does not indicate the amount of rent they will charge me, therefore i feel they should have goven me a notice of my rent options with prices. I still feel there this is misleading was wondering if there is any attorney that can find a legal way out of this situation. I dont want to pay an extra 2 months of rent when i had no intention of staying there after april 13
Expert:  CalAttorney2 replied 1 year ago.
The lease continues on the same terms as the original lease terms.While a landlord can increase rent in Texas by giving 30 days notice, if your lease has a longer notice period (such as 60 days) then you are entitled to that longer notice period (the lease can enlarge the notice period but not shrink it).You can try negotiating an early lease termination with the landlord (if direct negotiations fail, you can try mediation - almost all communities have landlord/tenant mediators, and many offer low cost or free services - you can contact your bar association for referrals - often when direct negotiations fail, a third party neutral can help you reach a mutually agreeable resolution).If you vacate the unit early (before the notice period expires), the landlord must make reasonable efforts to find a new tenant, and you are only responsible for the rent until a new tenant is found (so if a new tenant is located 2 weeks after you move out, you only owe for 2 weeks).
Customer: replied 1 year ago.
So I could move out anytime before april 13? And i would only be responsibe to pay for the the days they haven't rented it out? Im ready to move out tomorrow or sunday because i really only needed the apartment until april 2, but she told me the requirement is at least 2 months. And how would i find out that the apartment has been rented out or not?
Expert:  CalAttorney2 replied 1 year ago.
There is no simple way of monitoring the property to ensure that the unit is rented out. If you are on good terms with a neighbor, they can let you know if someone moves in. You can drive by to see if someone is there, or you can sue the landlord for "declaratory relief" and try to determine whether or not there is any relief (did the landlord find someone to take over for you and were still trying to bill you - double billing for the same unit is not permitted).See: http://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-texas.htmlIf you are only just now giving your 2 months, it is possible that the landlord will find a new tenant sooner than that, and thereby will limit your damages - but there is no guarantee.
Customer: replied 1 year ago.
So i have to pay April's rent. It was due today, but my husband tried to give them a check for prorated amount (april 1-april 13) and they denied it. I wasnt able to go in person my self. Thats when they told him because we didn't give written notice 60 days prior to April 13 ( which is basically before move in date) we had to pay full april month rent. So now i have to go tomorrow before they close to pay them. So i should just pay the full amount tomorrow, so they dont accumulate more charges? I want to try to find someone like attorney or mediator help me with this on monday. Or should I wait to pay rent until they advise me?
Expert:  CalAttorney2 replied 1 year ago.
I cannot tell you what to do on this forum.What I can tell you is that paying the rent will stop the accumulation of fees.Paying rent now will make it more difficult to recover money from them (harder to get it back).But on the other side, I doubt you are going to be able to completely ignore the 60 day notice in your lease contract - so you are probably going to end up having to agree to payment for some portion of 60 days in settlement. Paying rent till the end of this month is probably a reasonable half way point, but that is a decision that you have to make, I cannot instruct you to take a specific course of action on this forum.
Customer: replied 1 year ago.
Thank you so much for your help!
Expert:  CalAttorney2 replied 1 year ago.
You are welcome, and I do wish you the best with this matter.Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.Thank you again, and again I wish you the best.Bill
Customer: replied 1 year ago.
Oh one more thing... can i pay for full month rent but still submit a letter of intent to move on april 13 and actually move out on april 13, in the chance that they lease out the space sooner?
Expert:  CalAttorney2 replied 1 year ago.
Yes you can. The 60 day notice does not have to coincide with your lease date.
Customer: replied 1 year ago.
Thanks! Have a good night!
Expert:  CalAttorney2 replied 1 year ago.
You are welcome, and I wish you the same.